87R4431 MCK-D
 
  By: Hunter H.B. No. 3816
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain claims for benefits, compensation, or
  assistance by certain public safety employees and survivors of
  certain public safety employees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 607.002, Government Code, is amended to
  read as follows:
         Sec. 607.002.  REIMBURSEMENT.  (a) A public safety employee
  who is exposed to a contagious disease is entitled to reimbursement
  from the employing governmental entity for reasonable medical
  expenses incurred in treatment for the prevention of the disease
  if:
               (1)  the disease is not an "ordinary disease of life" as
  that term is used in the context of a workers' compensation claim;
               (2)  the exposure to the disease occurs during the
  course of the employment; and
               (3)  the employee requires preventative medical
  treatment because of exposure to the disease.
         (b)  For purposes of this section, a disease is not an
  "ordinary disease of life" if the disease is the basis for a
  disaster declared by the governor under Section 418.014 for all or
  part of the state.
         SECTION 2.  The heading for Subchapter B, Chapter 607,
  Government Code, is amended to read as follows:
  SUBCHAPTER B. DISEASES OR ILLNESSES SUFFERED BY DETENTION
  OFFICERS, FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY MEDICAL
  TECHNICIANS
         SECTION 3.  Section 607.051, Government Code, is amended by
  amending Subdivision (1) and adding Subdivision (1-a) to read as
  follows:
               (1)  "Detention officer" means an individual employed
  by a state agency or political subdivision of the state to ensure
  the safekeeping of prisoners and the security of a municipal,
  county, or state penal institution in this state.
               (1-a)  "Disability" means partial or total disability.
         SECTION 4.  Sections 607.052(a), (b), (e), and (g),
  Government Code, are amended to read as follows:
         (a)  Notwithstanding any other law, this subchapter applies
  only to a detention officer, firefighter, peace officer, or
  emergency medical technician who:
               (1)  on becoming employed or during employment as a
  detention officer, firefighter, peace officer, or emergency
  medical technician, received a physical examination that failed to
  reveal evidence of the illness or disease for which benefits or
  compensation are sought using a presumption established by this
  subchapter;
               (2)  is employed for five or more years as a detention
  officer, firefighter, peace officer, or emergency medical
  technician; and
               (3)  seeks benefits or compensation for a disease or
  illness covered by this subchapter that is discovered during
  employment as a detention officer, firefighter, peace officer, or
  emergency medical technician.
         (b)  A presumption under this subchapter does not apply:
               (1)  to a determination of a survivor's eligibility for
  benefits under Chapter 615;
               (2)  in a cause of action brought in a state or federal
  court except for judicial review of a proceeding in which there has
  been a grant or denial of employment-related benefits or
  compensation;
               (3)  to a determination regarding benefits or
  compensation under a life or disability insurance policy purchased
  by or on behalf of the detention officer, firefighter, peace
  officer, or emergency medical technician that provides coverage in
  addition to any benefits or compensation required by law; or
               (4)  if the disease or illness for which benefits or
  compensation is sought is known to be caused by the use of tobacco
  and:
                     (A)  the firefighter, peace officer, or emergency
  medical technician is or has been a user of tobacco; or
                     (B)  the firefighter's, peace officer's, or
  emergency medical technician's spouse has, during the marriage,
  been a user of tobacco that is consumed through smoking.
         (e)  A detention officer, firefighter, peace officer, or
  emergency medical technician who uses a presumption established
  under this subchapter is entitled only to the benefits or
  compensation to which the detention officer, firefighter, peace
  officer, or emergency medical technician would otherwise be
  entitled to receive at the time the claim for benefits or
  compensation is filed.
         (g)  This subchapter applies to a detention officer,
  firefighter, peace officer, or emergency medical technician who
  provides services as an employee of an entity created by an
  interlocal agreement.
         SECTION 5.  Subchapter B, Chapter 607, Government Code, is
  amended by adding Section 607.0545 to read as follows:
         Sec. 607.0545.  DISEASES THAT CAUSE DISASTER DECLARATION. A
  detention officer, firefighter, peace officer, or emergency
  medical technician who contracts a disease that is the basis for a
  disaster declared by the governor under Section 418.014 for all or
  part of the state and dies or is totally or partially disabled as a
  result of the disease is presumed to have contracted the disease
  during the course and scope of employment as a detention officer,
  firefighter, peace officer, or emergency medical technician.
         SECTION 6.  Section 607.057, Government Code, is amended to
  read as follows:
         Sec. 607.057.  EFFECT OF PRESUMPTION. Except as provided by
  Section 607.052(b), a presumption established under this
  subchapter applies to a determination of whether a detention
  officer's, firefighter's, peace officer's, or emergency medical
  technician's disability or death resulted from a disease or illness
  contracted in the course and scope of employment for purposes of
  benefits or compensation provided under another employee benefit,
  law, or plan, including a pension plan.
         SECTION 7.  Section 607.058, Government Code, is amended to
  read as follows:
         Sec. 607.058.  PRESUMPTION REBUTTABLE. (a) A presumption
  under Section 607.053, 607.054, 607.0545, 607.055, or 607.056 may
  be rebutted through a showing by a preponderance of the evidence
  that a risk factor, accident, hazard, or other cause not associated
  with the individual's service as a detention officer, firefighter,
  peace officer, or emergency medical technician was a substantial
  factor in bringing about the individual's disease or illness,
  without which the disease or illness would not have occurred.
         (b)  A rebuttal offered under this section must include a
  statement by the person offering the rebuttal that describes, in
  detail, the evidence that the person reviewed before making the
  determination that a cause not associated with the individual's
  service as a detention officer, firefighter, peace officer, or
  emergency medical technician was a substantial factor in bringing
  about the individual's disease or illness, without which the
  disease or illness would not have occurred.
         (c)  In addressing an argument based on a rebuttal offered
  under this section, an administrative law judge shall make findings
  of fact and conclusions of law that consider whether a qualified
  expert, relying on evidence-based medicine, stated the opinion
  that, based on reasonable medical probability, an identified risk
  factor, accident, hazard, or other cause not associated with the
  individual's service as a detention officer, firefighter, or
  emergency medical technician was a substantial factor in bringing
  about the individual's disease or illness, without which the
  disease or illness would not have occurred.
         SECTION 8.  Section 615.021(e)(1), Government Code, is
  amended to read as follows:
               (1)  "Personal injury" means an injury resulting from:
                     (A)  an external force, an activity, or a disease
  caused by or resulting from:
                           (i) [(A)]  a line-of-duty accident; or
                           (ii) [(B)]  an illness caused by
  line-of-duty work under hazardous conditions; or
                     (B)  a disease that is the basis for a disaster
  declared by the governor under Section 418.014 for all or part of
  the state.
         SECTION 9.  Subchapter B, Chapter 615, Government Code, is
  amended by adding Section 615.0211 to read as follows:
         Sec. 615.0211.  PRESUMPTION OF LINE OF DUTY INJURY. (a)  In
  this section, "line of duty" has the meaning assigned by Section
  615.021.
         (b)  An individual listed under Section 615.003 who suffers a
  personal injury resulting from a disease that is the basis for a
  disaster declared by the governor under Section 418.014 for all or
  part of the state is presumed to have sustained the injury in the
  line of duty in the individual's position as described by Section
  615.003.
         SECTION 10.  Section 615.072(c)(1), Government Code, is
  amended to read as follows:
               (1)  "Personal injury" means an injury resulting from:
                     (A)  an external force, an activity, or a disease
  caused by or resulting from:
                           (i) [(A)]  a line-of-duty accident; or
                           (ii) [(B)]  an illness caused by
  line-of-duty work under hazardous conditions; or
                     (B)  a disease that is the basis for a disaster
  declared by the governor under Section 418.014 for all or part of
  the state.
         SECTION 11.  Subchapter D, Chapter 615, Government Code, is
  amended by adding Section 615.0721 to read as follows:
         Sec. 615.0721.  PRESUMPTION OF LINE OF DUTY INJURY. (a) In
  this section, "line of duty" has the meaning assigned by Section
  615.072.
         (b)  An individual listed under Section 615.071 who suffers a
  personal injury resulting from a disease that is the basis for a
  disaster declared by the governor under Section 418.014 for all or
  part of the state is presumed to have sustained the injury in the
  line of duty in the individual's position as described by Section
  615.071.
         SECTION 12.  (a) The changes in law made by this Act apply to
  a claim for benefits, compensation, or assistance pending on or
  filed on or after the effective date of this Act. A claim for
  benefits, compensation, or assistance filed before that date, other
  than a claim pending on that date, is covered by the law in effect on
  the date the claim was made, and that law is continued in effect for
  that purpose.
         (b)  Notwithstanding Subsection (a) of this section, a
  person who on or after February 1, 2020, but before the effective
  date of this Act, filed a claim for benefits, compensation, or
  assistance related to coronavirus disease (COVID-19) and whose
  claim was subsequently denied may file another claim on or after the
  effective date of this Act, and the changes in law made by this Act
  apply to that claim.
         SECTION 13.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2021.